Davis v. Bingham
Supreme Court of Alabama
Appeal from the Chancery Court of Jackson. Heard before the Hon. Thomas Cobbs. The bill in this case was filed by the appellants against the appellees. The decision on the present appeal renders it unnecessary to set out any facts, in addition to those stated in the opinion. On the final submission of the cause, upon the pleadings and proof, the chancellor decreed that the complainants were not entitled to the relief prayed for, and ordered the bill dismissed.
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Appeal from the Chancery Court of Jackson. Heard before the Hon. Thomas Cobbs. The bill in this case was filed by the appellants against the appellees. The decision on the present appeal renders it unnecessary to set out any facts, in addition to those stated in the opinion. On the final submission of the cause, upon the pleadings and proof, the chancellor decreed that the complainants were not entitled to the relief prayed for, and ordered the bill dismissed. The complainant appealed from this decree, and assigns the rendition thereof as error. 1. The complainants were not entitled to…
1Opinion of the CourtHead, J.
The bill was filed on the 12th day of February, 1891, in the chancery court, to procure a decree for the sale of land, for division among tenants in common, upon the ground that it could not be equitably partitioned among them. The complainants claim title as the heirs of James Bingham, deceased, who was seized and possessed of the land at the time of his death in 1861, and they allege that the defendants are also the owners of certain interests therein as heirs of the same ancestor. The bill also alleges that one of the defendants, *294Lewis Bingham, Sr., claims tobe the owner of the entire…
2Cases cited7 opinions
- McQueen v. TurnerSupreme Court of Alabama · 1890
- Hillens v. BrinsfieldSupreme Court of Alabama · 1895
- McMath v. DeBardelabenSupreme Court of Alabama · 1883
- Gore v. DickinsonSupreme Court of Alabama · 1893
- McEvoy v. LeonardSupreme Court of Alabama · 1889
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3Cited by4 opinions
- Sandlin v. AndersSupreme Court of Alabama · 1923
- Brown v. HunterSupreme Court of Alabama · 1898
- Crausby v. CrausbySupreme Court of Alabama · 1909
- Barry v. StephensSupreme Court of Alabama · 1912